request of expression of interest
TRANSCRIPT
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
Request for Application (
for
Project Management Consultant
(Time Based)
Public Private Partnership Authority
Prime Minister’s Office
13th floor, Green Delta AIMS Tower,
51-52 Mohakhali, Dhaka
________________________________________________________
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Section 1: Information to the Applicants
This Section provides relevant information to help Consultants prepare their Applications. Information is also provided for submission, opening, and evaluation of Applications and on the award of Contract. This Section also contains the criteria for selection of suitable Applicant The text of the clauses in this section shall not be modified.
Section 2. Terms of Reference This section defines clearly the Objectives, Goals, and Scope of the assignment, and provides background information (including a list of existing relevant studies and basic data) to enable the Individual Consultant to clearly understand the assignment. This section lists the Services and surveys that may be necessary to carry out the assignment and the expected outputs (for example, reports, data, maps, surveys); it also clearly defines the Client’s and Consultants’ respective responsibilities.
Section 3. Application Forms
This section provides the standard format that permits the requested information to be presented in a clear, precise and readily available manner and allows the Client to readily understand and evaluate Applications in accordance with the pre-disclosed criteria. The completed forms will indicate details of the Applicant’s qualifications and experience best suited to the specific assignment.
Section 4. Contract Agreement Forms
The Form of Contract Agreement which, once completed and signed by the Client and the Consultant clearly defines the Client’s and Consultants’ respective responsibilities. The Annexes to the formal Contract include a Description of the Services, the Reporting Schedule and Cost estimates of Services.
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Table of Contents
Section 1. Information to the Applicants ............................................................... 4
A. General ................................................................................................................................... 4 1. Scope of assignment ..................................................................................................... 4 2. Qualifications of the Applicant ....................................................................................... 4 3. Eligible Applicants ......................................................................................................... 4 4. Corrupt, Fraudulent, Collusive or Coercive Practices ................................................... 5 5. Conflict of Interest .......................................................................................................... 5
B. Preparation, Submission & Modification or Substitution of Applications ...................... 6 6. Preparation of Application ............................................................................................ 6 7. Submission of Application ............................................................................................. 6
C. Evaluation of Applications ................................................................................................... 6 8. Evaluation of applications .............................................................................................. 6 9. Application Negotiations .............................................................................................. 7
D. Award of Contract ................................................................................................................. 8 10. Award of Contract .......................................................................................................... 8 11. Debriefing ...................................................................................................................... 8 12. Commencement of Services ........................................................................................ 8
Section 2. Terms of Reference ............................................................................... 9
Section 3. Application Forms ............................................................................... 15
Form 3A. Application Submission ............................................................................................. 16 Attachment: ........................................................................................................................................... 16
Form 3B. Curriculum Vitae (CV) of the Applicant..................................................................... 17
Form 3C. Indicative Remuneration & Expenses ....................................................................... 19
Section 4. Contract Forms .................................................................................... 20
4.1 Contract Agreement (Time-based) ...................................................................................... 21
General .......................................................................................................................................... 21 1. Services ....................................................................................................................... 21 2. Duration ....................................................................................................................... 21 3. Corrupt, Fraudulent, Collusive or Coercive Practices ................................................. 21 4. Applicable Law ............................................................................................................ 22 5. Governing Language ................................................................................................... 22 6. Modification of Contract ............................................................................................... 22 7. Ownership of Material .................................................................................................. 22 8. Relation between the Parties ...................................................................................... 22 9. Contractual Ethics ....................................................................................................... 22
Payments to the Consultant ....................................................................................................... 23 10. Ceiling Amount ............................................................................................................ 23 11. Remuneration .............................................................................................................. 23 12. Reimbursables ............................................................................................................. 23 13. Payment Conditions .................................................................................................... 24
Obligations of the Consultant .................................................................................................... 24 14. Medical Arrangements ................................................................................................. 24 15. Working Hours and Leave ........................................................................................... 24 16. Performance Standard ................................................................................................ 24 17. Contract Administration ............................................................................................... 25
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18. Confidentiality .............................................................................................................. 25 19. Consultant’s Liabilities ................................................................................................. 25 20. Consultant not to be Engaged in Certain Activities ..................................................... 25
Obligations of the Client ............................................................................................................. 25 21. Services, Facilities and Property ................................................................................. 25
Termination and Settlement of Disputes ................................................................................... 25 22. Termination .................................................................................................................. 25 23. Dispute Resolution ...................................................................................................... 25
ANNEX A: Description of the Services ...................................................................................... 27
ANNEX B: Cost estimates of Services and Schedule of Rates ............................................... 28
ANNEX C: Consultant’s Reporting Obligations ........................................................................ 29
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Section 1. Information to the Applicants
A. General 1. Scope of
assignment 1.1 The Client has been allocated Public fund for Construction of High-rise
Residential Apartment Building for Low and Middle Income Group of
People at Jhilmil Residential Project Dhaka and intends to select an
Individual Consultant (Project Management Consultant) for the specific assignment as specified in the Terms of Reference in Section 2.
2. Qualifications of the Applicant
2.1 Prospective Individuals shall demonstrate in their Applications that they meet the required qualifications and experiences and are fully capable of carrying out the assignment.
2.2 The capability of Individuals shall be judged on the basis of academic background, experience in the field of assignment, and as appropriate, knowledge of the local conditions, as well as language and culture.
[ Minimum educational qualifications, required experience have been mentioned in Terms of reference in Section 2 ]
3. Eligible Applicants
3.1 Any Bangladeshi national including persons in the service of the Republic or the local authority / Corporations is eligible to apply for the positions
3.2 Government officials and civil servants including individuals from autonomous bodies or corporations while on leave of absence without pay are not being hired by the agency they were working for immediately before going on leave and, their employment will not give rise to Conflict of Interest, pursuant to Rule 112 (9) of the Public Procurement rules, 2008
3.3 Persons who are already in employment in the services of the Republic or the local authorities/ Corporation etc. must have written certification from their employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the Client by the Consultant as part of his/her Applications
3.4 No person who has been convicted by any Court of Law or dismissed from Services for misconduct shall be eligible for consideration for appointment to a post.
3.5 The Applicant has the legal capacity to enter into the Contract
3.6 The Applicant has fulfilled its obligations to pay taxes and social security contributions under the relevant national laws.
3.7 The Applicant shall not be under a declaration of ineligibility for corrupt, fraudulent, collusive or coercive practices in accordance with Sub-Clause 4.2.
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3.8 The Applicant shall not have conflict of interest pursuant to the Clause 5
4. Corrupt, Fraudulent, Collusive or Coercive Practices
4.1 The Government requires that Client , as well as Applicants, shall observe the highest standard of ethics during the implementation of procurement proceedings and the execution of Contracts under public funds.
4.2 The Government defines corrupt, fraudulent, collusive or coercive practices, for the purposes of this provision, in the Contract Agreement Sub-Clause 3.4
4.3 Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the knowledge of the Client, it shall, in the first place, allow the Applicant to provide an explanation and shall, take actions only when a satisfactory explanation is not received.
4.4 If the Client at any time determines that the Applicant has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Contract under public funds., the Client shall:
(a) exclude the Applicant from participation in the procurement proceedings concerned or reject an Application for award; and
(b) declare the Applicant ineligible, either indefinitely or for a stated period of time, from participation in procurement proceedings under public funds.
5. Conflict of Interest
5.1 Government policy requires that the Applicant provide professional, objective, and impartial advice, and at all times hold the Executing Agency’s (Client's) interests paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests.
5.2 The Applicant shall not be hired for any assignment that would be in conflict with their prior or current obligations or that may place them in a position of not being able to carry out the assignment in the best interest of the Client.
5.3 Pursuant to Rule 55 of the Public Procurement Rule 2008, the Applicant has an obligation to disclose any situation of actual or potential conflict of interest that impacts on his capacity to serve the best interest of his Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Applicant or the termination of its Contract.
5.4 The Applicant that has a business or family relationship with a member of the Client’s staff may not be awarded a Contract, unless the conflict stemming from this relationship has been addressed adequately throughout the selection process and the execution of the Contract.
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B. Preparation, Submission & Modification or Substitution of Applications
6. Preparation of Application
6.1 Applications shall be typed or written in indelible ink in English language and shall be signed by the Applicant. Applicants are required to complete the following Forms:
(a) Form 3A: Application Submission Form; (b) Form 3B: CV of the Applicant; and (c) Form 3C: Remuneration and Reimbursable
6.2 The Remuneration and reimbursable are purely indicative and are subject to negotiations and agreement with the Client prior to finalisation of the Contract.
7. Submission of Application
7.1 Pursuant to Rule-113(5) of the Public Procurement Rules, prospective Applicants can deliver their Application by hand, mail, courier service to the address mentioned in the request for Application advertisement.
7.2 Application shall be properly sealed in envelopes addressed to the Client as mentioned in the request for Application advertisement and bear the name & address of the Applicant as well as the name of the assignment.
7.3 In case of hand delivery, the Client, on request, shall provide the Applicant with a receipt.
7.4 The closing date for submission of Application is 06 February 2017 up to 2.30 p.m. Applications must be submitted within this deadline. Any Application received after the deadline for submission of Applications shall be declared late, and returned unopened to the Applicant.
7.5 Applications may be modified or substituted before the deadline for submission of Applications.
7.6 The Client may at its sole discretion, extend the deadline for submission of Applications.
7.7 At any time prior to the deadline for submission of Applications the client for any reason on its own initiative may revise the Request for Application Document by issuing an Addendum which shall form an integral part of the Document.
C. Evaluation of Applications 8. Evaluation of
applications 8.1 Suitability of the Applicants shall be rated by evaluation on the basis
of their academic background, relevant Working Experience and its adequacy for the assignment, knowledge of local conditions as well as language.
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8.2 The points to be given under each of the evaluation Criteria are:
Criteria Points
Educational Qualification [10 points]
Relevant Working Experience and its adequacy for the assignment
[70 points ]
Suitability considering skill [15 points]
Total points: 95 points
8.3 Applicants thus given points as stated under Clause 8.2, not securing the minimum qualifying points, 70 shall be considered disqualified.
8.4 Applications shall be evaluated by the PEC, who shall prepare a short-list of maximum seven (7) Applicants
8.5 The qualified short-listed Applicants as stated under Clause 8.4 shall be invited for an interview to test their aptitude and presentation by the PEC and shall be rated with five (5) points.
8.6 Points already secured by the Applicants in the evaluation as stated under Clause 8.5, shall be combined with the points obtained in the interview and a list of maximum three (3) most suitable Applicants ranked in order of merit (1-2-3) shall be prepared.
8.7 In pursuant to Rule 114 of the Public Procurement Rules 2008, there shall be no public opening of Applications.
8.8 The Client shall immediately after the deadline for submission of Application convene a meeting of the Proposal Opening Committee(POC)
8.9 The POC, having completed the record of opening, shall send the Applications received and the opening record to the PEC.
8.10 Following the opening of the Applications, and until the Contract is signed, no Applicant shall make any unsolicited communication to the Client. Such an attempt to influence the Client in its decisions on the examination, evaluation, and comparison of either the Applications or Contract award may result in the rejection of the Application.
9. Application Negotiations
9.1 The first-ranked Applicant stated under Clause 8.5 shall then be invited for negotiations, pursuant to Rule 122 of the Public
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Procurement Rule, 2008 at the address of the client.
9.2 If this fails, negotiate with the second-ranked Applicant, and if this fails negotiate with the third-ranked Applicant, with the hope that successful negotiations are concluded
9.3 During negotiations, the Client and the Applicant shall finalise the “Terms of Reference”, work schedule, logistics and reporting schedule etc. These documents shall then be incorporated into the Contract as Description of Services”
9.4 The Financial negotiations will involve the remuneration and other reimbursable cost to be paid to the Applicant.
9.5 Negotiations will conclude with a review of the draft Contract. To complete negotiations the Client and the Applicant will initial the agreed Contract
D. Award of Contract
10. Award of Contract
10.1 After completing negotiations and having received the approval to award the contract, the Client shall sign the Contract with the selected Applicant.
11. Debriefing 11.1 After signature of the Contract, the Client shall promptly notify other Applicants that they were unsuccessful.
11.2 The Client shall promptly respond in writing to any unsuccessful Applicant who request the client in writing to explain on which grounds its application was not selected.
12. Commencement of Services
12.1 The applicant is expected to commence the assignment on 1st April February 2017 at the location of PPP Authority. The duration of the contract shall be 15 Months from the date of commencement.
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Section 2. Terms of Reference The Terms of Reference contain the following sections, expanded as deemed necessary:
(a) Back ground and general descriptions; (b) Objectives of the Services required; (c) Scope of the Services required ( duties and responsibility); (d) Selection Criteria (e) Indicative Work Programme and Location(s) of the various activities to be carried
out by the Consultant.
The ‘Terms of reference’ as stated in Section 2, shall be modified at the time of Negotiation as “Description of Services” in ANNEX ‘A’ of the Contract Agreement.
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Terms of Reference for the Project Management Consultant
1. Background:
In August 2010, the Government of Bangladesh issued the Policy and Strategy for Public
Private Partnership (PPP) to facilitate the development of core sector public infrastructure and
services vital for the people of Bangladesh. The PPP program is a part of the Government’s
Vision 2021 goal to ensure a more rapid, inclusive growth trajectory, and to better meet the
need for enhanced, high quality public services in a fiscally sustainable manner.
The Bangladesh Public-Private Partnership Act, 2015 (“PPP Act”) was enacted and gazetted on
16 September, 2015. Under this act, the PPP Authority was established in September 2015 as a
separate, autonomous Authority under the Prime Minister’s Office to act as a catalyst to
proactively identify, realize, screen, develop and provide support for PPP projects.
The PPP Authority supports line Ministries to facilitate identification, development and
tendering of PPP projects to international standards. For interested investors and lenders, the
PPP Authority provides a professional, transparent, centralized portal to high quality PPP
Projects. The PPP Authority helps to augment government sector line ministry project
development efforts with world-class external PPP resources, with the goal of increasing the
quality, attractiveness, and sustainability of PPP projects while realizing them in an efficient,
cost-effective manner.
Jhilmil city development is one of the pioneer initiatives of Rajdhani Unnayan Kartripakkha
(RAJUK) to accommodate the increasing population with modern amenities and civil facilities.
To reduce population pressure and growing traffic congestion in Dhaka city the project will
contribute significantly by catering the demand of more than 2 lacs people for residential
facility through a full-fledged city development. Jhilmil residential project has been proposed to
be developed over 80 acres of land with approximately 15000 apartments. The project will also
cover school, parks, shopping malls etc. which are required in a modern integrated township
project.
With recommendation from the PPPA the project was approved by CCEA on 4th November
2015. Later, RAJUK requested support from PPPA for project management and monitoring
services for the Project.
2. Objectives:
The purpose of appointing an individual consultant is to support the PPP Authority in delivering
the project titled ‘Construction of High-rise Residential Apartment Building for Low and
Middle Income Group of People at Jhilmil Residential Project Dhaka’.
3. Scope of Services:
The Project Management Consultant will be responsible for project management, monitoring
and technical assistance to line Ministries in undertaking PPP projects. S/he will continuously
interact and liaise with project sponsor and ensure that only quality projects are presented to the
Government.
The tasks that the Project Management Consultant will need to undertake include (but not
limited to) the following:
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Developing and updating project action plans and liaising with relevant stakeholders to
monitor progress;
Reviewing the terms and conditions of Bid documents to be issued for the PPP project
to ensure they meet PPP guidelines;
Providing project management support over the project development and procurement
phase and Assisting in the evaluation of PPP proposals over the procurement phase;
Monitoring and reporting on the progress of the PPP project and the linked projects;
Contributing to the development and inputs of detailing the Management Information
System to track and monitor progress on project;
Preparing consolidated progress reports for project management including identification
of problems, causes of potential bottlenecks in project implementation, and providing
specific recommendations;
Coordinating preparation of progress reports. Guide executing agencies in preparing
their progress reports in accordance with approved reporting formats and ensure their
timely submission including quarterly progress reports, annual project report, and ad-
hoc technical reports;
Checking that monitoring data are discussed in the review meeting and in a timely
fashion in terms of implications for future action. If necessary, arrange discussion
forums to fill the gaps;
Providing management advice for the revision of performance indicators and coordinate
with the Independent Panel and Monitoring the follow up of evaluation
recommendations given by them;
Assist in various project management, monitoring and overall technical support to PPP
Authority officials and consultants related to the Project.
Performing any other tasks assigned by the CEO as may become necessary.
The total services will need to be delivered over a continuous contract period of 15 months,
but may be extended as per Government rules.
4. Required Qualification and Experience
The consultant is desired to fulfill the following requirements:
a) Masters in any discipline, relevant certification/training in Project Management will be
preferred;
b) At least 5 years of experience is required. Experience of working in project
management, or commercial discipline in a relevant enterprise (for e.g. financial
institution, project based firm, consultancy firm) will be preferred;
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c) Experience of working in multinational organization will be given preference;
d) Experience in Management and Monitoring projects is required;
e) Prior Managerial experience especially for project management in required;
f) Must have strong and proven written and oral communication and presentation skills;
g) Must be skilled and competent in the use of Microsoft Office (MS Words, Excel
PowerPoint etc.) applications, structural software and project management tools.
Applicant should have classic typing quality.
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Evaluation Sheet for Individual Consultant (Project Management Consultant) Construction of High-rise Residential Apartment Building for Low and Middle Income Group
of People
at Jhilmil Residential Project Dhaka
Applicant Name:
Criteria Minimum
Requirement Applicant’s Credentials
Total Marks Assigned
Pass Marks (meeting
Minimum Req.)
Marks Obtained
Education Masters
10 10
Name of the Institution
Total Years of Experience
5 Years
15 15
Project Management Experience
4 Years
20 15
Experience in PPP Project
1 Project
10 0
Multinational Organization Experience
3 Years
10 6
Concept Note describing the work plan
Within 5 pages
15 12
Communication and Computer Skill
Ability to use MS Office applications, structural software, project management
tools and classic
typing quality
15 12
Total 95 70
Evaluation Note:
1. Education (total assigned marks 10):
(Masters in any discipline will bring 10 marks)
2. Total Years of Experience (total assigned marks 15):
(3 Years will bring 7 marks, 4 years will bring 10 marks, 5 years or more will bring 15 marks)
3. Project Management Experience (total assigned marks 20):
(2 Years will bring 10 marks, 3 years will bring 15 marks and 4 years or more will bring 20 marks)
4. Experience in PPP Project (total assigned marks 10):
(1 Project or more will bring 10 marks)
5. Multinational Organization Experience (total assigned marks 10):
(2 Years will bring 6 marks, 3 years or more will 10 marks)
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6. Concept Note (total assigned marks 15):
(The applicant will submit a Concept Note covering work plan, proposed project management tools and
project monitoring methodology to be used and any innovative idea. Marks will be given based on the
quality of the Concept Note)
7. Communication and Computer Skill (total assigned marks 15):
(Experience of using communication softwares/tools and project management softwares/tools will bring
higher marks. At least 2 softwares/tools used will bring 12 marks, 3 tools or more will bring 15 marks)
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Section 3. Application Forms
Form 3A : Application Submission Form Form 3B : CV of the Applicant Form 3C: Remuneration and Reimbursable
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Form 3A. Application Submission [Location: dd/mm/yy] To: --------------------------- [Name] --------------------------- ---------------------------- [Address of Client] Dear Sirs: I am hereby submitting my Application to provide the consulting Services for [Insert title of assignment] in strict accordance with your Request for Application dated [dd/mm/yy].
I declare that I was not associated, nor have been associated in the past, directly or indirectly, with a Consultant or any other entity that has prepared the design, specifications and others documents in accordance with Clause 5. I further declare that I have not been declared ineligible by the Government of Bangladesh on charges of engaging in corrupt, fraudulent, collusive or coercive practices in accordance with Clause 4. I undertake, if I am selected, to commence the consulting Services for the assignment not later than the date indicated in Clause 12.1. I understand that you are not bound to accept any Application that you may receive. I remain, Yours sincerely,
Signature
Print name
Address:
Tel:
Attachment:
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Form 3B. Curriculum Vitae (CV) of the Applicant
1 PROPOSED POSITION FOR
THIS PROJECT :
[From the Terms of Reference, state the position for which the Consultant will be engaged.].
2 NAME OF PERSON : [state full name]
3 DATE OF BIRTH : [ dd/mm/yy]
4 NATIONALITY :
5 MEMBERSHIP IN PROFESSIONAL
SOCIETIES
[state rank and name of society and year of attaining that rank].
6 EDUCATION [list all the colleges/universities which the Applicant attended, stating degrees obtained, and dates, and list any other specialised education of the Applicant ].
7 OTHER TRAINING [indicate significant training since degrees under EDUCATION were obtained, which is pertinent to the proposed tasks of the Consultant].
8 LANGUAGES & DEGREE OF
PROFICIENCY
Language Speaking Reading Writing
e.g. English Fluent Excellent Excellent
9 COUNTRIES OF WORK EXPERIENCE
10 EMPLOYMENT RECORD
[starting with present position list in reverse order [every employment held and state the start and end dates of each employment]
[The Applicant should clearly distinguish whether as an “employee” of the firm or as a “Consultant” or “Advisor” of the firm].
[The Applicant should clearly indicate the Position held and give a brief description of the duties in which the Applicant was involved].
EMPLOYER 1 FROM: [e.g. January 1999]
TO: [e.g. December 2001
EMPLOYER 2 FROM: TO:
EMPLOYER 3 FROM: TO:
EMPLOYER 4 (etc) FROM: TO:
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11 WORK UNDERTAKEN THAT BEST ILLUSTRATES THE CAPABILITY TO HANDLE THIS ASSIGNMENT
[give an outline of experience and training most pertinent to tasks on this assignment, with degree of responsibility held. Use about half of a page A4].
12 EXPERIENCE OF RELEVANT COMPUTER, COMMUNICATION, WRITING AND PRESENTATION SKILL
CERTIFICATION [Do not amend this Certification].
I, the undersigned, certify that (i) I was not a former employee of the Client immediately before the submission of this proposal, and (ii) to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged.
Signature
Print name
Date of Signing
dd / mm / yyyy
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Form 3C. Indicative Remuneration & Expenses The Consultant should provide an indication of the remuneration as per the format shown below. This will not be used for evaluation of the Consultant’s Application but solely for the purposes of Application Negotiations to be held as stated in Clause 9.1 .
(1) Remuneration
Rate
(per month / day / hour in Tk)
Staff Time
(No. month / day / hour)
Total (Tk)
Note: A month consists of 30 calendar days. (2) Reimbursable (as applicable)
Rate per unit
Total unit
Total Amount (Tk)
(a) Per Diem Allowance
(b) Air Travel Costs
(c) Other Travel Costs
(state mode of travel)
(d) Communication charges
(e) Reproduction of Reports
(f) Other Expenses (to be listed)
Sub-total
CONTRACT CEILING (1) + (2)
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Section 4. Contract Forms
The Contract Agreement, which once completed and signed by
the Client and the Consultant, clearly defines the Client’s and
Consultants’ respective responsibilities.
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4.1 Contract Agreement (Time-based)
THIS CONTRACT (“the Contract”) is entered into this day of [dd/mm/yy], by and between [insert name of Client] (“the Procuring Entity”) having its office at [insert address of Client], and [insert name of Consultant] (“the Consultant”) having his/her address at [insert address of Consultant].
WHEREAS, the Client wishes to have the Consultant performing the Services hereinafter referred to, and
WHEREAS, the Consultant is willing to perform these Services,
NOW THEREFORE THE PARTIES hereby agree as follows:
General 1. Services 1.1 The Consultant shall perform the Services specified in Annex A
(Description of Services), which are made an integral part of the Contract.
2. Duration 2.1 The Consultant shall perform the Services during the period commencing from [dd/mm/yy] and continuing until [dd/mm/yy], or any other period as may be subsequently agreed by the parties in writing.
3. Corrupt, Fraudulent, Collusive or Coercive Practices
3.1 The Government requires that Client , as well as Applicants, shall observe the highest standard of ethics during the implementation of procurement proceedings and the execution of Contracts under public funds.
3.2 The Government defines corrupt, fraudulent, collusive or coercive practices, for the purposes of this provision, in the Sub-Clause 3.5
3.3 Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the knowledge of the Client, it shall, in the first place, allow the Applicant to provide an explanation and shall, take actions only when a satisfactory explanation is not received.
3.4 If the Client at any time determines that the Applicant has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Contract under public funds., the Client shall:
(a) exclude the Applicant from participation in the procurement proceedings concerned or reject an Application for award; and
(b) declare the Applicant ineligible, either indefinitely or for a stated period of time, from participation in procurement proceedings under public funds.
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3.5 The Government defines, for the purposes of this provision, the terms set forth below as follows:
“corrupt practice” means offering, giving or promising to give, receiving, or soliciting either directly or indirectly, to any officer or employee of a Client or other public or private authority or individual, a gratuity in any form; employment or any other thing or service of value as an inducement with respect to an act or decision or method followed by a Client in connection with a Procurement proceeding or Contract execution;
“fraudulent practice” means the misrepresentation or omission of facts in order to influence a decision to be taken in a Procurement proceeding or Contract execution;
“collusive practice” means a scheme or arrangement between two (2) or more Persons, with or without the knowledge of the Client, that is designed to arbitrarily reduce the number of Tenders submitted or fix Tender prices at artificial, non-competitive levels, thereby denying a Client the benefits of competitive price arising from genuine and open competition; or
“coercive practice” means harming or threatening to harm, directly or indirectly, Persons or their property to influence a decision to be taken in the Procurement proceeding or the execution of a Contract, and this will include creating obstructions in the normal submission process used for Tenders, Applications, Proposals or Quotations.
4. Applicable Law 4.1 The Contract shall be governed by and interpreted in accordance with the laws of the People’s Republic of Bangladesh
5. Governing Language
5.1 The language governing the Contract shall be English, however for day to day communications in writing both Bangla and English may be used.
6. Modification of Contract
6.1 The Contract shall only be modified by agreement in writing between the Client and the Consultant.
7. Ownership of Material
7.1 Any studies, reports or other material, graphic, software or otherwise, prepared by the Consultant for the Client under the Contract shall belong to and remain the property of the Client.
7.2 The Consultant may, with the prior written approval of the Client, retain a copy of such documents and software, but shall not use them for purposes unrelated to the Contract.
8. Relation between the Parties
8.1 Nothing contained in the Contract shall be construed as establishing or creating any relationship other than that of independent Consultant between the Client and the Consultant.
9. Contractual Ethics
9.1 No fees, gratuities, rebates, gifts, commissions or other payments, other than those shown in the Contract, shall have been given or received in connection with the selection process or in the contract execution.
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Payments to the Consultant 10. Ceiling Amount 10.1 The Client shall pay the Consultant for the Services rendered
pursuant to ‘Description of Services’ ‘a ceiling amount not to exceed Tk [insert amount], which includes remuneration and reimbursable expenses as set forth in Clauses 10.2. These amounts have been established based on the understanding that it includes all of the Consultant’s costs as well as any tax obligation that may be imposed on the Consultant.
10.2 The composition of the Remuneration and Reimbursable which make up the ceiling amount are detailed in Annex B
11. Remuneration 11.1 The Client shall pay the Consultant for Services rendered with the rates agreed and specified in ANNEX B “Cost estimates for Services and Schedule of Rates”. Remuneration rates shall be on monthly/daily/hourly [ delete those inappropriate ]
11.2 Monthly Rate: The time spent in performing the Services shall include travel time, weekends and public holidays, and to the extent specified in Clause 15.2 shall also include periods of casual leave and sick leave. In cases where only part of a month is worked then remuneration shall be computed by dividing the monthly rate by 30 and multiplying by the number of days worked i.e. time spent (as described above) during that month;
or
Daily rate: The time spent in performing the Services shall be determined solely on the basis of the number of days actually worked by the Consultant, and shall include travel time, but not weekends, public holidays, casual or sick leave
or
Hourly rate: The time spent in performing the Services shall be determined solely on the basis of the number of hours actually worked by the Consultant, and shall include travel time, but not weekends, public holidays, casual or sick leave.
12. Reimbursables 12.1 Per Diem Allowance: The Consultant shall, when performing the Services away from the duty station, be entitled to per diem allowance in accordance with the agreed per diem rates.
12.2 Travel Costs: The Consultant shall, when performing the Services away from the duty station, be entitled to travel costs in accordance with the agreed travel costs.
12.3 Other Expenses: The Consultant shall, when performing the Services, be entitled to reimbursement of any other expenses as detailed in Annex B.
12.4 For other reasonable reimbursable expenses not falling within the above three categories, but which may arise during performance of the Services, such expenses will only be reimbursed by the Client as it may at its sole discretion approve, subject to available of budget.
SRFA_ PS4 02-09-09 24
13. Payment Conditions
13.1 Currency: Payments shall be made in Bangladesh Taka by the end of each calendar month or within fifteen (15) calendar days of receipt of the Invoice as the case may be.
13.2 Advance Payment: The Consultant shall, if he/she so requests, be entitled to a total advance payment, as specified in Annex B, to cover his/her out-of-pocket expenses which are to be recovered in equal installments from monthly amounts due to him/her.
[For aid funded procurement Advance Payments may be applicable. However, for 100% GoB funded procurement Advance payments shall not be applicable unless otherwise specifically decided by The Government.]
13.3 Monthly Payments: The Consultant shall submit an Invoice for Remuneration and Reimbursable at the end of every month and payments shall be made by the Client within fifteen (15) calendar days of receipt of the invoice.
13.4 Final Payment: The final payment shall be made only after the final report shall have been submitted by the Consultant and approved as satisfactory to the Client. If the Client notifies any deficiencies in the Services or the final report, the Consultant shall promptly make any necessary corrections, to the satisfaction of the Client.
13.5 Suspension: The Client may, by written notice of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fails to perform his/her obligations under this Contract.
13.6 Refund of Excess Payment: Any amount if paid to the Consultant in excess of the amount actually payable under the provisions of the Contract shall be reimbursed by the Consultant within thirty (30) days of receipt of the claim from the Client, provided that such claim is lodged within three(3) months after the acceptance of the final report.
Obligations of the Consultant 14. Medical
Arrangements 14.1 The Consultant shall, before commencement of the Services furnish
the Client with a medical report providing evidence satisfactory to the Client that the Consultant is in good health and is not subject to any physical or mental disability which may interfere with his/her performance of the Services.
15. Working Hours and Leave
15.1 The Consultant shall, when engaged directly with the Client, follow the normal Working Hours and Holidays of the Client, and entitlement to leave as per the Client’s Rules.
15.2 The Consultant’s remuneration shall be deemed to cover leave except otherwise specified in the Contract.
16. Performance Standard
16.1 The Consultant undertakes to perform the Services with the highest standards of professional and ethical competence and integrity.
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17. Contract Administration
17.1 Client’s Representative
The Client’s representative, as indicated in Annex A, shall be responsible for the coordination of all activities under the Contract.
17.2 Timesheets
The Consultant providing Services may be required to complete standard timesheets or any other document to identify the time spent, as requested by the Client’s Representative.
18. Confidentiality 18.1 The Consultant shall not, during the term of the Contract or within two years after its expiration, disclose any proprietary or confidential information relating to the Services, the Contract or the Client’s business operations without the prior written consent of the Client.
19. Consultant’s Liabilities
19.1 The Consultant shall continue to cooperate with the Client after the termination of the Contract, to such reasonable extent as may be necessary to clarify or explain any reports or recommendations made by the Consultant.
19.2 The Consultant shall report immediately to the Client any circumstances or events which might reasonably be expected to hinder or prejudice the performance of the Services.
20. Consultant not to be Engaged in Certain Activities
20.1 The Consultant agrees that, during the term of the Contract and after its termination, the Consultant shall be disqualified from providing goods, works or services (other than any continuation of the Services under the Contract) for any project resulting from or closely related to the Services.
Obligations of the Client 21. Services,
Facilities and Property
21.1 The Client shall, free of any charge to the Consultant, make available for the purpose of carrying out the assignment data, local services, personnel, and facilities indicated in Annex A.
Termination and Settlement of Disputes
22. Termination 22.1 By the Client
The Client may terminate the Contract by not less than twenty-eight (28) days written notice to the Consultant, Such notice to be given after the occurrence of any event necessitating such termination.
22.2 By the Consultant
The Consultant may terminate the Contract, by not less than twenty eight (28) days written notice to the Client, if the Client fails to pay any monies due to the Consultant pursuant to the Contract.
23. Dispute Resolution
23.1 Amicable Settlement
The Client and the Consultant shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.
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23.2 Arbitration
If the dispute cannot be settled the same may be settled through arbitration in accordance with the Arbitration Act 2001 of Bangladesh as at present in force. The place of Arbitration shall be in Dhaka.
IN WITNESS WHEREOF the parties hereto have signed this agreement the day and year first above written.
FOR THE CLIENT FOR THE CONSULTANT
Signature
Signature
Print Name & Position:
Print Name:
The following documents forming the integral part of this contract shall be interpreted in the following order of priority: (a) The Form of contract Annex A: Description of Services Annex B: Cost Estimates of Services and Schedule of Rates Annex C: Consultant’s Reporting Obligations
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ANNEX A: Description of the Services [Give detailed descriptions of the Services including its (a) Background, (b) Objectives, (c) Detailed negotiated TOR providing a description of Services to be provided , (d) Work plan with dates for completion of various tasks, (e) Place of performance of different tasks, (f) Specific tasks to be approved by the Client; etc.). [also ensure the following data is listed in this Annex in conformity with the Contract Agreement.
1. The name of the main location (Duty Station) at which the Services are to be provided. Also advise if any other travel will be necessary, and if so, to which expected locations will the Consultant be required to travel.
2. Indicate the Contact Addresses for Notices and Requests as indicated in Clause
22.1 of the Contract Agreement.
(a) Address of the Client: (With phone number, Fax number & e-mail)
(b) Address of the Client: (With phone number, Fax number & e-mail)
3. Logistics and facilities to be provided to the Consultant by the Client are listed
below:
Office space with furniture including file cabinet and electric connection;
Office Assistant(s)/Support staff;
Office equipment like computer, printer etc;
Facilities for production and binding of reports etc. shall be the responsibility of the Client in case of Time based contract.
Any other facilities agreed by both Client & the Consultant.
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ANNEX B: Cost estimates of Services and Schedule of Rates
(A) Remuneration
Name of Consultant
Rate, Taka Quantity Total
Taka
(a) (b) (c) (d) = (b) x (c)
Remuneration is made on a [state monthly, daily or hourly] rate
Sub-Total (A)
(B) Reimbursable
Items of reimbursable Unit Qty Rate(Taka)
Total
(Taka)
(a) (b) (c) (d) (e) = (c) x (d)
(a) Per Diem Allowance
(b) Air Travel Costs
(c) Other Travel cost
(d) Communication charges
(e) Reproduction of reports
(f) Other Expenses (to be listed)
Supporting documents and vouchers must be attached with the invoice
Sub-total (B) =
CONTRACT CEILING (A) +(B)= Total =
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ANNEX C: Consultant’s Reporting Obligations (Sample Format)
Sl.
No.
Reports Contents of
Reports
Persons to
Receive them
Date of
Submission
1 Inception Report
2
Interim Progress Report
(a) First Status Report
(b) Second Status Report
3 Draft Report
4 Final Report